Robert S. Caldwell KS #14488, CALDWELL & MOLL, L.C., Overland Park, KS,
Pieter A. Brower, MOORE & BROWER, P.C., Kansas City, MO, ATTORNEYS FOR PLAINTIFF
Lee M. Baty, KS #24736 John J. Gates, KS #20226 BATY, HOLM, NUMRICH & OTTO P.C., Kansas City, MO, ATTORNEYS FOR DEFENDANT NPB COMPANIES, INC.
Robert J. Wonnell KS #20727, Jill E. Kunshek KS #25340 McANANY, VAN CLEAVE & PHILLIPS, P.A., Kansas City, KS, ATTORNEYS FOR DEFENDANT MARCEL MATTHEWS
JOINT PROTECTIVE ORDER
JAMES P. O'HARA, Magistrate Judge.
Plaintiff John Mason alleges personal injuries arising from an altercation with defendant Marcel Matthews in Vancouver, British Columbia, Canada, on or about March 18, 2012. Plaintiff filed this action against Matthews and his employer, defendant NPB Companies, Inc., under various tort theories. Plaintiff received medical treatment in Canada and the United States, and he objected to written discovery seeking his Social Security number and medical records. Rather than file a motion to compel Plaintiff's responses to such written discovery, Defendants agreed to this protective order limiting the use of Plaintiff's Social Security number and medical records in order to avoid any alleged embarrassment or annoyance.
UPON plaintiff John Mason, defendant NPB Companies, Inc., and defendant Marcel Matthews' stipulation and for good cause shown:
IT IS HEREBY ORDERED that, for the purposes of the above-captioned lawsuit ("Lawsuit"), Plaintiff's Social Security number and medical records shall be considered "Confidential Material, " and the following procedures shall govern such Confidential Material:
1. This Protective Order is meant to encompass all forms of disclosure which may contain Confidential Material, including any document, pleading, motion, exhibit, declaration, affidavit, deposition transcript, inspection and all other tangible items (electronic media, photographs, videocassettes, procedural manuals, etc.).
2. Where a party receives Confidential Material as a result of discovery or participation in this civil action, such Confidential Material shall be used solely in connection with the instant proceedings. Confidential Material shall be treated as confidential by the Parties and will not be disclosed to anyone except as provided herein. Prior to disclosure of any Confidential Material, each person to whom disclosure is to be made shall execute a written "Confidentiality Agreement" (in the form attached hereto as Exhibit A) agreeing to be bound by the terms of this Order. The parties and counsel for the respective parties (including paralegals, legal assistants, claims adjusters, and other personnel) are deemed to be bound by this Order and are not required to execute a Confidentiality Agreement.
3. With respect to any communications to the Court, including any pleadings, motions or other papers, the party seeking to file Confidential Material shall first file a motion with the Court and be granted leave to file the particular document under seal pursuant to D. Kan. Rule 5.4.6(a).
4. If a non-designating party is subpoenaed or ordered to produce Confidential Material by another court or administrative agency, such party shall promptly notify the designating party of the pending subpoena or Order and shall not produce any Confidential Material until the designating party has had reasonable time to object or otherwise take appropriate steps to protect such Confidential Material.
5. Within thirty days after the termination of this Lawsuit (whether by dismissal or final judgment), all Confidential Material shall be shredded or returned to counsel for the designating party. In addition, counsel shredding or returning such material shall send a letter or email confirming that all Confidential Material produced to such counsel and any subsequently made copies have been shredded or returned in their entirety pursuant to the terms of this Order. Such a representation fully contemplates that returning counsel has: (1) contacted all ...